1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, October 23, 2012 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.
Council present: Rob Bell, Jay Bunting, Don Hall, and Rick Ihli.
Member excused: Maureen Stanley.
Staff present: Jeff Beahen, Police Chief; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; Steve Grittman, City Planner; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Lisa Wieland, Finance Director; and Bret Weiss, City Engineer.
2. Open Forum
4. Approve agenda
The agenda was set as submitted.
5. Consent Agenda
5.01 Approval of Minutes from October 9, 2012 City Council Meeting Minutes
5.02 Approval of Bills and Claims
5.03 Approval of Resolution No. 2012-55, A Resolution Supporting the Addition of I-94 West Corridor to the Twenty Year State Highway Investment Plan
5.04 129th Avenue Crosswalk
5.05 Northwest Trails Snowmobile Trail Permit
5.06 Authorization for Purchasing Cutting Edges
5.07 Approve a Contract Modification for WSB & Associates, Inc. and AET for Design and Construction Services Fees for the John Deere Lane Extension Project
5.08 Accept Improvements and Approve Final Payment for the John Deere Lane Extension Project
5.09 Approve a Contract for Right of Way Appraisal Services for the TH 101/CSAH 144 Interchange Project
5.10 Approval of GSSC Alarm System
5.11 Transfer of CSO Truck to Public Works Dept.
5.12 November Planning Commission Meeting Date
5.13 Directing Building Official to Inspect 13766 Bluewing Drive
5.14 Approval of a One Day Temporary On-Sale Liquor License for the Rogers Lions Club, for October 28, 2012 for Their Annual Booya Event. Pulled prior to meeting.
5.15 Request to Reallocate Forfeiture Funds
Bell moved, Hall seconded to approve the consent agenda. Motion carried 4-0.
6. Public Hearings
6.01 Public Hearing to Adopt the Proposed Assessment for Delinquent Sewer, Water, Recycling, and/or Storm Water Service Charges
• Approval of Resolution No. 2012–56, A Resolution Adopting and Confirming Assessment for Delinquent Sewer and Water Service Charges (2012)
Ihli moved, Bell seconded to open the public hearing at 7:08 p.m. Motion carried 4-0.
Doboszenski explained the annual process of certifying delinquent utility accounts to property taxes. The time period for the delinquency is from September 2011 to August 2012.
Paul Trombley, 13745 Wellstead Drive
Mr. & Mrs. Trombley addressed the Council regarding the proposed utility assessment. They stated the unpaid utilities were from a previous owner. There was discussion between staff, Council, and the Trombleys regarding the responsibility of the closing company to make sure utilities are current. The Trombleys provided a letter objecting to the assessment and a letter from the closing company stating they were not responsible.
Attorney Carson stated the closer should have checked for the unpaid utilities along with special assessments and any other charges. Carson stated he will look through the documentation if the City chooses. Carson stated he believes he knows what happened and the closer didn't research the unpaid utility.
The Trombleys stated the previous owners live in Arizona.
Carson stated it is up to the Council to decide to abate all or part of the assessment.
Staff has suggested talking with the title company.
Council directed staff to work with the Trombley's title company.
Bob Ivey, 14350 Shadowood Drive
Mr. Ivey stated he is having a lot of people asking him about the storm water management charge. He understands it is a mandate of the clean water act. In Hassan they haven't been charged that because all we did is take gravel fund money and put it into the storm water management fund. You guys added it to the water bill. Not going to lie, it's an unfunded mandate. Ivey suggested the City might want to explain in a newsletter.
Ihli moved, Bell seconded to close at 7:19 p.m. Motion carried 4-0.
Bell moved, Ihli seconded a motion to adopt Resolution 2012-56, A Resolution Adopting and Confirming Assessment for Delinquent Sewer and Water Service Charges (2012). Motion carried 4-0.
6.02 Public Hearing on Proposed Assessment for the Re-Assessment of Levy Number 16767; Territorial View Second Addition
• Approval of Resolution No. 2012–57, A Resolution Adopting and Confirming Assessment for the Re-Assessment of Levy Number 16767; Territorial View Second Addition
Mayor Bunting opened the public hearing at 7:20 p.m.
Azar Pentz, 23601 Juniper Court
Ms. Pentz addressed the Council stating she purchased a lot in Territorial View and feels the assessment is very high. She stated it is hard to be able to afford to pay the assessment. She asked the Council for an adjustment to the assessment.
Attorney Carson stated these are being reassessed because these lots originally went tax forfeit. This process is what is required by state law to reinstate the assessment.
These amounts have been owed for quite a while. Unless there is a formal contest and determination that the amount is not proper, the city is hard pressed to change it. Carson stated what you do for one, you do for all. It is difficult to change for one parcel.
Carson stated his recommendation is not to change the parcel.
Doboszenski explained the purpose of the original levy 16767 in 2006; first year payable 2007.
Bunting stated he is afraid this is one of those unfortunate situations. He understands it sounds like a cold answer, but the lots sold for a pretty low price at auctions.
Ms. Pentz stated it was not actually a lower price. She stated she could find lots with lower prices than that without the assessment and stated she didn't know.
Council asked what the interest rate is at; Doboszenski stated the interest rate is set at the original assessment at 6.5%.
Bunting stated he feels for the situation. Research was called for when purchasing. Bunting apologized for the situation.
Ihli stated he agrees with Bunting.
Gebi Tufaa, 13596 Yancy Court, Blaine
Mr. Tufaa stated he is in the same situation. He purchased the property and was told by the County that it may be assessed. He stated he thought would be a lower price. He stated he wanted to build a house in that area and move into the area. He understands the City needs to cover its expenses, but at the same time bigger cities don't assess lots; you can purchase lots for lesser assessments. He again stated he would love to live in the area and asked the Council to consider a reduction in assessments on these lots.
Bunting stated he appreciates the situation. Bunting stated he doesn't see a way the City can forgive this type of debt.
Carson stated in some cities there are no assessments when lots are bought through tax forfeit. That is true. Rogers just happened to have assessments on these lots. That may be what you are seeing. It is probably the exception.
Mr. Tufaa stated that other cities put it out there and say it, but they don't enforce it (assessments). If given the opportunity he wants to make the best use of the land and build a house. He stated he is put into a difficult situation. Mr. Tufaa stated he is not trying to argue but just trying to express his feelings.
Bell moved, Ihli seconded a motion to close the public hearing at 7:33 p.m.
Bell moved, Hall seconded a motion to adopt Resolution 2012 – 57, A Resolution Adopting and Confirming Assessment for the Re-Assessment of Levy Number 16767; Territorial View Second Addition. Motion carried 4-0.
7. General Business
7.01 Establishment of Public Safety Task Force
Administrator Stahmer stated at the last meeting, Council discussed the desirability of creating a public safety task force. Stahmer recommended appointing two members from Council to the task force.
Bunting stated he is the one that brought this up after hearing the financial needs and different opportunities with fire districting. Bunting stated he is fine if it is just two council members and it doesn't need to specify Mayor.
Ihli, Bunting, and Hall all expressed interest in serving on the Public Safety Task Force. Hall stated he would serve as the alternate.
Ihli moved, Bell seconded a motion to appoint Bunting and Ihli with Hall as the alternate to the Public Safety Task Force. Motion carried 4-0.
7.02 John Deere Lane Final Assessment Certification – Resolution No. 2012-58
Engineer Weiss addressed the Council regarding the assessments and stated they are all contained within the executed assessment agreements. The only caveat is $26,000 assigned to the parcel adjacent to the Mary Queen of Peace property. Weiss stated the City will be obtaining the property in a trade with the Benzinger property and currently we don't have agreements in place for the $26,000.
Bunting moved, Ihli seconded a motion to adopt Resolution No. 2012-58, A Resolution Approving the Assessment Roll for the John Deere Lane Extension Project. Motion carried 4-0.
7.03 TH 101/CR144 Joint Agreement with the City of Otsego
Administrator Stahmer stated staff has been pursuing this item for quite some time, and made a presentation to Otsego some time ago, whereby Otsego recognized the benefit and agreed to participate in funding. Staff stated the City of Otsego did pass the JPA between Rogers and Otsego, however the City of Otsego changed the date to 2013 for the payment.
Staff stated they recommend staying with 2014. Otsego stated they will initial and make the change to their agreement so that it is adopted in identical form at a later date.
Bunting stated this is a no-brainer; one city giving another city funds. He called it amazing and we thank them for their contribution to this project that will certainly have a benefit for the residents of Otsego as it will for the residents of Rogers.
Ihli agrees. It will move traffic through the 101 corridor. Hats off to Otsego.
Hall moved, Ihli seconded a motion to approve the JPA with the City of Otsego. Motion carried 4-0.
Staff stated they will work with Mayor Bunting in drafting a letter thanking Otsego.
8. Other Business
9. Correspondence and Reports
9.01 City of Rogers Park Board Minutes September 13, 2012
9.02 Elm Creek Watershed Management Commission Minutes September 12, 2012
9.03 September, 2012 Financial Reports
10. ADJOURN TO CLOSED SESSION TO DISCUSS POTENTIAL PROPERTY ACQUISITION
Council adjourned to closed session at 7:45 p.m.
Carson stated Council, if comfortable with discussion in closed session, authorize by motion to direct staff to negotiate as discussed in closed session. If negotiations are successful, then it will be brought back before Council for final approval. Hall moved, Ihli seconded the motion as stated by Carson.
Bunting moved, Bell seconded a motion to adjourn at 8:10 p.m. Motion carried 4-0.
Assistant City Administrator/Clerk